Regulations of the Youth Court (RTM) - Scope of Application (RTM)

1. This regulation defines the organization and functioning of the Juvenile Court.

2. The methods of mediation within the framework of the criminal procedure applicable to minors are the subject of a separate regulation.

1. The seat of the Juvenile Court is in Lausanne.

1. The First President, appointed by the Cantonal Court, is the head of office within the meaning of the administrative regulations of the judicial order.

2. They are assisted by the Chief Clerk and replaced in the event of incapacity or absence by a president designated by the Cantonal Court.

1. The Chief President reviews all cases submitted to the Juvenile Court and distributes them among the presidents.

2. He ensures the harmonization of work procedures, organizes the substitution of presidents in case of impediment or absence, and regularly informs the presidents about the functioning of the court.

3. He supervises the training of vice-presidents and associate judges of the court.

4. He oversees the use of the Juvenile Incentive Fund [C].

1. The registry is composed of judicial staff assigned to the Juvenile Court. Their functions are outlined in a job description.

1. The chief clerk shall ensure, under the direction of the president of the court, the day-to-day administrative management of the court.

1. The Reference Clerk is the clerk of the First President. In addition to his judicial duties, he organizes the reception, supervision, and training of new clerks, contributes to the development and harmonization of work procedures, and, as such, is associated with the management of the court. He substitutes for the chief clerk in the event of hindrance or absence.

1. Clerks keep the minutes of the hearings, draft decision projects, and participate in the instruction of cases. They may be called upon to conduct legal research. A clerk is responsible for the management of the library and the maintenance of case law files.

2. If necessary, ad hoc clerks remunerated through allowances may be called upon.

1. The records manager of the chief justice, in addition to tasks related to handling investigations, organizes the reception, supervision, and training of new staff members and contributes to the development and harmonization of work procedures. In this capacity, he is associated with the management of the court.

2. A reference records manager performs supervision and training tasks and contributes to the development and harmonization of work procedures.

3. A specialized records manager is responsible for the execution of sentences. Other special tasks may be assigned to him.

1. Clerks and case managers may be required to take turns providing on-call duty to assist the service president during weekends and public holidays.

1. One of the registry's collaborators performs the role of an accounting management assistant. They are responsible for maintaining the accounts and cash desk of the court as well as those of the Minors' Encouragement Fund. They prepare the notes and lists of judicial expenses, ensure the collection of contributions owed to the court, and handle contentious matters.

2. The accounting management assistant and the chief court clerk or, if absent, their substitute, jointly sign documents related to accounting, the cash desk, and the postal checking account.

3. The chief court clerk oversees the accounting and cash desk. They submit the accounts to the General Secretariat of the Judicial Order after having them approved by the chief justice.

1. Bailiffs are responsible for the service of hearings, the circulation, transmission, and consultation of files, as well as the dispatch of mail. Additionally, they may undertake any other mandate related to the aforementioned tasks, as requested by the presidents or the chief clerk.

2. They are also in charge of managing the supply office, preserving the court archives, custodial duties, and handling exhibits.

1. Educators intervene at the request of juvenile judges, during the investigation and execution of a judgment.

2. They regularly inform the judge about the progress of the minors for whom they are responsible.

1. During the investigation, the educator's intervention has the following objectives

1. to conduct a social and educational assessment, in order to submit a proposal to the juvenile judge for the purpose of judgment;

2. to promote the educational or professional integration of the accused, the evolution of family relationships, or to undertake steps allowing the accused to better adapt socially.

2. To this end, the educator collaborates with existing networks. If the situation warrants it, they may organize institutional placement or set up outpatient treatment, upon instructions from the juvenile judge.

1. After the judgment, the educator's intervention has the following objectives

1. to ensure the follow-up of protection measures;

2. to ensure the follow-up of support measures.

1. The juvenile judge is specifically responsible for organizing the execution of community service orders. He delegates the execution to educators. These educators are notably in regular contact with the appointed third parties.

2. Community service orders, including home confinements, are executed under the responsibility and supervision of the educators, generally outside of school or vocational training periods.

1. The Parole Board (hereinafter: the board) is composed in accordance with Article 43, Paragraph 3 of the Juvenile Penal Code [A]. It is chaired by the representative of the Juvenile Court.

2. The Chief Justice or their substitute determines the members who compose it on a case-by-case basis.

3. The members of the board must not have previously dealt with or been involved with the minor in any way.

1. The chief clerk or their replacement acts as the secretary. Under the direction of the representative of the Juvenile Court, they ensure the organization of sessions, the management of requests, and the communication of notices.

2. The secretary prepares and sends to the commission members, in a timely manner, the necessary documents for the assessment of the cases submitted to them.

1. The juvenile judge refers the matter to the commission in accordance with Article 28, paragraph 3 of the Federal Law of June 20, 2003, governing the penal condition of minors (DPMin) [D].

2. He transmits to the commission the file containing the report from the detention facility administration and the accompanying officer.

1. The commission may consult all documents concerning the cases it handles.

2. It may hear the staff of the establishments, the caregivers, the convicts, or any other person whose testimony it deems useful.

3. The members of the commission are bound by official secrecy and the doctors by professional secrecy.

4. The commission communicates its written and reasoned opinion to the magistrate who referred the matter to it.

1. The Juvenile Court and the Youth Protection Service (hereinafter: the service) [E] meet periodically.

1. The juvenile judge informs the service of the provisional placement measures taken.

2. He informs the parents that the service will summon them to assess their financial capacity.

1. The juvenile judge informs the placement measures service about the measures ordered by judgment concerning minors not under their supervision.

2. The judge also informs them of any modifications and the termination of these measures.

1. If financial support as defined in Article 18, paragraph 1 of the Law of May 4, 2004, on the Protection of Minors (LProMin) [F] is deemed necessary, the judge issues a reasoned request to the service, which makes a decision.

1. Pursuant to Article 48 LVPPMin [A], the juvenile judge may, subject to the procedure stipulated in the service contract, oblige an institution benefiting from a service contract to admit a minor under the following cumulative conditions

1. the requested institution must have an available place. An available place is understood as a place not currently subject to an ongoing admission;

2. the minor's profile and the educational or therapeutic services requested by the juvenile judge are consistent with the available place and with the educational or therapeutic services offered, in accordance with the service contract, by the institution;

3. the admission of the minor does not seriously endanger the internal balance and dynamics of the institution aimed at enabling appropriate care for entrusted minors; the institution shall particularly consider the composition and characteristics of the group of children or adolescents into which integration is planned and the dynamics of the educational team with regard to the circumstances at the time of the placement request.

1. This regulation repeals that of February 20, 2007.

1. It enters into force on May 1, 2011.